George Washington's Presidency

• Lesson 5.1 focuses on George Washington's presidency and the early formation of the U.S. government.

Inauguration and Precedent

• Inauguration is the official swearing-in ceremony of a president.
• George Washington's first inauguration was on April 30, 1789, in New York City.
• Washington's actions set precedents for future presidents.
• He clarified presidential responsibilities not explicitly defined in the Constitution, such as foreign affairs representation.

Cabinet

• Washington created a cabinet to help him carry out his duties in the Executive Branch.
• Each department had a head that would give the President advice and run their respective areas.
• Good leadership and persuasion skills were needed.
• The original cabinet departments included:
  • Department of State (foreign affairs): Headed by Thomas Jefferson.
  • Department of Treasury (finances): Headed by Alexander Hamilton.
  • Department of War/Defense (military): Headed by Henry Knox; headquartered in the Pentagon in Arlington, VA.
  • Department of Justice/Attorney General: Headed by Edmund Randolph; includes the FBI and US Marshals.
  • Postmaster General (mail): Samuel Osgood.
• The Vice President was John Adams
• The Judicial Supreme Court Chief Justice was John Jay
• More departments were created as new issues appeared.

Judiciary Act of 1789

• This act established the Federal court system.
• It defined the structure as:
  • Supreme Court
  • Circuit Court of Appeals
  • District Court
• The Supreme Court initially had 6 Justices.
• John Jay was the first Chief Supreme Court Justice.
• Currently, there are 9 Justices.
• The Attorney General Office was also established.

Hamilton’s Financial Plans

• These plans addressed the significant debt the U.S. faced after the Revolutionary War.
• A bond is a certificate representing debt, promising repayment with interest on a specific date.
• National debt means the total amount of money owed by the U.S.
• A deficit means debt being currently incurred.
  • "Running a deficit" means spending more money than is being earned.
  • "Cutting a deficit" means the government is cutting back on the extra money it owes.

Debt After the War

• The government owed money to foreign countries and citizens (in the form of bonds) for funding the Revolutionary War.
• There were 13 state debts and 1 national debt.

Assumption of State Debt

• Hamilton proposed the federal government assume state debts, paying them off along with the national debt, by buying old bonds and issuing new ones.
• Arguments against:
  • Speculators bought bonds cheaply from original owners and would profit unfairly from a full payout.
  • Southern states had less debt and didn't want to contribute to the Northern states' debts.
• Arguments for:
  • Paying debts would improve the nation's financial standing.
  • Investors would support the country for the sake of improving the new nation's economy
  • It would benefit all states, but especially the Northern states.
  • Taking in state debts would make all creditors support the national government.
• A compromise was reached: the capital was moved to the South (Washington D.C.) in exchange for the assumption of state debt in July 1790.
• Washington D.C. was located along the Potomac River, between Virginia and Maryland.

National Bank

• Hamilton wanted a National Bank for the government.
• The bank would strengthen the economy by depositing tax money.
• It would also issue paper money for government bills and provide loans to farms and businesses.
• Jefferson disagreed, claiming that there was no specific power listed in the Constitution to allow it.
• Hamilton argued that it was "necessary and proper".
• This plan would promote more industrial growth in the North, where large cities, merchants, businesses and factories were more common.
• The National Bank would eventually succeed despite different opinions.

Tariffs

• A Tariff is a government tax on imported goods.
• Hamilton wanted high tariffs to raise revenue and protect against foreign competition.
• Tariffs were primarily helpful to the North, since the South didn’t use factories and required more imports for farm labor
• It would also:
  • Make people buy from local industry instead of foreign places.
  • Provide more funding for the government.
• Protective tariffs force people to buy from the country because foreign payments are too expensive.

The Whiskey Rebellion

• Congress approved a tax on all liquor made and distributed to raise money for the treasury and pay debts.
• Backcountry farmers, who converted corn into whiskey for easier transport and profit (since whiskey had more economic support), were angered by the tax.
• The tax's varying rate (flat fee or by the gallon) disadvantaged smaller manufacturers.

Rebellion

• Pennsylvania farmers refused to pay, West Pennsylvania farmers rebelled in 1791.
• They protested, singing songs, and tarring and feathering tax officials.
• Washington called the militia to Pennsylvania, which scared the farmers back to their farms.
• Hamilton wanted leaders executed but Washington pardoned them.
• This tested the will of the new government
• It showed that the government would act firmly during crisis, and wouldn't tolerate violent disagreement.

The French Revolution

• In 1789, news arrived of the storming of the Bastille in Paris, marking the start of the French Revolution.
• The French rebelled against King Louis XVI due to heavy taxes on the lower classes.
• Reformers wanted to limit the king's power and protect basic rights through a constitution.
• The king and queen were beheaded, and the Reign of Terror began in 1793.
• Most Americans initially supported the revolution, as they were allies of the US with well-liked leaders
• After the violence and beheadings, some like Thomas Jefferson continued support for the French Revolution although believing it was extreme
• Others, such as Hamilton and Adams believed that the use of violence was too extreme to form a good democracy off of it
• Other European nations were afraid they would be next to reform and lose their power to revolutionary ideas
• As a result, Austria and Prussia invoked other rulers to help the French king regain his throne, starting war

France v. Britain

• The French attacked Austria, causing Britain to declare war on France and for a string of wars across Europe to start
• This war threatened the U.S. economy, as both were major trading partners.
• It created a foreign policy dilemma due to America's alliance with France during the American Revolution.
• France wanted to use American ports to supply ships and launch attacks; this would be difficult for the US so quickly after the Revolutionary War
• Washington sought neutrality in the war, but this would hurt the economy.
• Hamilton argued for siding with Britain, deeming the treaty with France invalid due to the king's death
• Jefferson supported France, believing the government should accept the treaty and repay their allies

Neutrality Proclamation

• Washington issued the Neutrality Proclamation in April 1793, stating the America wouldn’t take any side in the war
• It forbade Americans from assisting either side.
• Another major defeat for Jefferson, that later led to his leave in the Cabinet

Jay’s Treaty (1795)

• Britain seized American ships trading with the French West Indies.
• John Jay negotiated an agreement where Britain would pay damages, and give up western forts
• In exchange the Americans paid back debts owed from British merchants
• Some opposed it as it didn't protect neutral American ships, and Britain didn't promise to avoid seizing American ships in the future

Washington’s Farewell Address

• After two terms, Washington retired, setting a precedent by giving up power.
• The address was written in Philadelphia in September 1796, with contributions from James Madison and Alexander Hamilton.
• National Unity was important, and the North, South, East, and West all benefited from each other
• Citizens were asked to think about the country as a whole
• He also noted that political parties/factions are harmful
• Washington wanted to avoid political alliances and stay out of “frequent controversies, the causes of which are essentially foreign to our concerns”
• He still believed in extending commercial relations with other countries, trading, but no other relationship
• Believed that religion made virtuous, good people
• Religious people are more likely to be truthful because they have a higher power
• Religion is a necessary part for any man, holding a great influence on people’s happiness and the good of the country

Opposing Factions in the Cabinet

• Factions are opposing groups or parties.
• Jefferson and Madison opposed Hamilton, forming a group of supporters and reaching out to New York politicians.

Issues that Divided Hamilton and Jefferson

• Government Leadership:
  • Hamilton believed the wealthy and educated should govern.
  • Jefferson believed ordinary people should lead.
• Economic Policy:
  • Hamilton wanted to model the U.S. after Britain, encouraging trade, manufacturing, and infrastructure. Supported (high) tariffs and excise taxes
  • Jefferson favored farmers and opposed concentrating power in the wealthy.
• Federalism:
  • Hamilton wanted a strong federal government.
  • Jefferson wanted strong state governments to protect freedoms.
• Interpreting the Constitution:
  • Jefferson favored strict interpretation.
  • Hamilton advocated loose interpretation.
• France vs. Britain:
  • Hamilton favored Britain for trade and tradition.
  • Jefferson wanted to help France since they were allies with the United States during the Revolutionary War

Federalists v. Republicans

• The Democratic Republicans:
  • Supported Jefferson’s view
  • Mainly small farmers, artisans, and some wealthy planters
  • Mostly the South
• Federalists:
  • Supported Hamilton’s views
  • Mainly merchants and manufacturers, and some wealthy southern planters
  • Mostly in the North, in cities such as Boston and New York

Role of Newspapers:

• Newspapers became more popular and started taking sides on different parties
• Sided with Hamilton - The Gazette of the United States
• Sided with Jefferson - The National Gazette
• Newspapers influenced opinions, often attacking political opponents, mixing rumor, and opinion up with truth, and inciting rivalry

Challenges Facing John Adams

• Tensions between Britain and France continued, and America didn’t want to get involved as a newly formed nation
• The first conflicting parties/factions were being formed (Democratic Republicans vs. Federalists)
• The nation was still very new, and there was a lack of support in the government, still no stable infrastructure for the government and everything was new

Foreign Policy Problem

• After Jay’s Treaty, France became angry and seized 300 American merchant ships, ending diplomatic relationships with the US
• Americans wanted to go to war with France
• Adams continued diplomatic talks with France

X, Y, Z Affair

• In 1797, Adams sent a delegation to France to negotiate with the foreign minister
• The foreign minister refused to meet them, sending 3 agents instead (known as agents X, Y, Z)
• The agents made a deal that America would have to pay a bribe of $250,000 and $10 million loan to France, in order for a chance to attempt at restoring diplomatic relations with the French minister
• Americans were angrier after this, continuing to call for a war against France
• “Millions for defense, not one cent for tribute” - the Americans were angry after the X,Y,Z Affair, stating that they would rather spend millions going to war against France, then spend a single cent on a bribe to negotiate peace

Dealing with the Problem

• President Adams refused to go to war, and instead built up the navy with frigates to protect ships against seizing
• Frigates - Small warships
• This was known as the Quasi-War, an armed conflict that was not a full scale war, between America and France as a result of the dispute
• This conflict was ended by signing the Convention of 1800

Political Consequences

• This decision to avoid war was very controversial among the Federalists, since some, including Hamilton, supported a war with France
• Stronger federal government during war - more military power
• Stronger ties with the British, who the Federalists believed was a power trading partner and a role model for their economy
• Weakened the Democratic Republicans, since they supported France
• Leading 2 Federalists (Adams and Hamilton) had very conflicting ideas, creating a split in the Federalist party
• Ultimately led to John Adams loss to Thomas Jefferson in the election of 1800

Alien and Sedition Acts

• Passed during the crisis with France in 1798, pushed by the Federalist party
• The Alien Act gave the president the authority to imprison or deport any alien or foreigner considered dangerous to the country
• The Naturalization Act extended the time you had to live in the U.S. before you could become a citizen from 5 to 14 years
• The Sedition Act made it a crime to publish “fake, scandalous, and malicious writing” against the government and the states
• Citizens were fined/jailed if they criticized the government and officials
• Several Republican newspaper editors, and even members of the Congress were fined and jailed
• Discussion of First Amendment rights

Kentucky and Virginia Resolutions

• Kentucky and Virginia nullified the laws in response to the Alien, Naturalization, and Sedition Acts
• Nullify - To make legally null and void; to invalidate
• Jefferson and Madison prepared a statement where the states claimed they had the power to nullify federal laws if the states deemed their actions unconstitutional
• They said that nullification was an assertion of state rights
• They primary disagreed with the Sedition Act

Supreme Court Cases

• West Virginia Board of Education v. Barnette (Barnette decision) - 1943
  • Students could not be compelled to participate in the pledge of allegiance/salute the flag
  • Freedom of speech case
  • 6-3 decision that forcing a salute was unconstitutional
• Kennedy v. Bremerton School district - 2022
  • A coach began leading prayers before/after games
  • Freedom of Religion Case
  • Establishment Clause (School) vs Exercise Clause (Coach)
  • 6-3 decision ruled with the coach
  • His prayers were never associated to coerce the students
  • The time period after the game where everyone could do what he wished (employee free time)
  • Legal obligations didn’t apply to the time when he was praying
  • No coercion of religion
• Grutter v. Bollinger - 2003
  • Affirmative Action, and race considerations in college admissions
  • 14th Amendment - laws have to apply equally to everyone
  • 5-4 decision that Equal Protection clause doesn’t prohibit the use of race in university admissions
  • Race can be considered as long as it serves to achieve a diverse student body if the program uses a holistic review process and not a quota system
  • In 2023, SFFA v. UNC court favored that race-based admission wasn’t allowed but could be a part of a story
• Ingraham v. Wright - 1970
  • Corporal punishment in schools, can students (Ingraham) be hit?
  • Eighth Amendment - No cruel or unusual punishment for criminals, including hitting
  • 5-4 decision that corporal punishment was allowed in public schools, in favor of schools, Wright
  • The eighth amendment only applied for criminals
  • Teachers can apply reasonable punishment on students as long as it follows applicable state laws
  • Set a precedent that schools had different rules and punishments than the United States, and even today some states allow corporal punishments
• Korematsu v. United States - 1944
  • 5th Amendment (taking away property/liberty without due process)
  • Japanese man Korematsu was sent to a concentration camp during World War II, when America was at war with Japan since he lived in a higher risk area
  • 6-3 decision to uphold the conviction since it was a national security risk
  • Deferential views/powers towards the president during times of war
  • Constitutional to put American citizens in concentration camps
  • Later, the case was reopened more recently due to new evidence, and the ruling was different
• US v. Nixon - 1973
  • Watergate scandal, where 5 burglars broke into the Democratic National Committee at Watergate Hotel to steal information on the Democratic party
  • These burglars were found to be affiliated with Nixon’s reelection campaign
  • A subpoena was issued in court, demanding that Nixon release information that could show if he’d known about the incident earlier and was involved in the cover up
  • Nixon refused, claiming he had executive privilege
  • Does the president have full power to keep certain information secret?
  • Executive privilege
  • The president can’t have absolute executive privilege
  • Some privilege, but not total
  • Judges ruled 8-0 unanimous decision that the President did not have absolute executive privilege
  • One judge excused himself since the matter was too close to him
• New York Times Co v. United States - 1971
  • The New York Times tried publishing the Pentagon Papers, classified documents on the Vietnam war
  • Is preventing the publishing of potentially dangerous news a violation of the 1st Amendment? – Freedom of the Press
  • Showed that news could only be prevented if it was a clear and imminent threat to National Security
  • 6-3 decision for NYT since it wasn’t a clear and present danger